CDR Marketing, Inc. v. Chopin

District Court of Appeal of Florida

CDR Marketing, Inc. v. Chopin

573 So. 2d 450, 1991 Fla. App. LEXIS 801, 1991 WL 11646

CourtDistrict Court of Appeal of Florida

DecidedFebruary 6, 1991

DocketNo. 89-2873

StatusPublished

Cited by1 cases

This text of 573 So. 2d 450 (CDR Marketing, Inc. v. Chopin) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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CDR Marketing, Inc. v. Chopin, 573 So. 2d 450, 1991 Fla. App. LEXIS 801, 1991 WL 11646 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

We reverse on the authority of Commonwealth Federal Savings and Loan Association v. Tubero, 569 So.2d 1271 (Fla.1990). Because the trial court’s written order failed to contain an express finding that the defendant’s repeated failure to comply with discovery orders was willful, we remand for reconsideration of this issue. As the Florida Supreme Court said in Tubero, by insisting upon a finding of willfulness or its equivalent, there will be the added assurance that the trial judge has made a conscious determination that the noncompliance was more than mere neglect and inadvertence.

REVERSED AND REMANDED.

GUNTHER and GARRETT, JJ., and WALDEN, JAMES H., (Retired) Associate Judge, concur.

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PER CURIAM.

We reverse on the authority of Commonwealth Federal Savings and Loan Association v. Tubero, 569 So.2d 1271 (Fla.1990). Because the trial court’s written order failed to contain an express finding that the defendant’s repeated failure to comply with discovery orders was willful, we remand for reconsideration of this issue. As the Florida Supreme Court said in Tubero, by insisting upon a finding of willfulness or its equivalent, there will be the added assurance that the trial judge has made a conscious determination that the noncompliance was more than mere neglect and inadvertence.

REVERSED AND REMANDED.

GUNTHER and GARRETT, JJ., and WALDEN, JAMES H., (Retired) Associate Judge, concur.

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573 So. 2d 450, 1991 Fla. App. LEXIS 801, 1991 WL 11646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cdr-marketing-inc-v-chopin-fladistctapp-1991.

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